Attorney says McVeigh doubted chances of more appeals

TERRE HAUTE, Ind. -- Timothy McVeigh dropped his appeals because
he was certain the U.S. Supreme Court would turn him down, one of
his attorneys said Saturday. The Oklahoma City bomber wrote in a
recent letter that he will die blaming the federal government for
his actions.

In excerpts from letters to The Buffalo News released Saturday,
McVeigh said he was sorry 168 people died when he blew up the
Alfred P. Murrah Federal Building, but he insisted the bombing was
necessary to send a message to what he called an out-of-control
government.

"I am sorry these people had to lose their lives," McVeigh wrote
his hometown newspaper. "But that's the nature of the beast. It's
understood going in what the human toll will be."

He referred to the April 19, 1995, bombing as "a legit tactic"
in his war against the government.

McVeigh was to be moved from his 8-by-10-foot cell at the U.S.
Penitentiary to a holding cell in the nearby death chamber sometime
before 5 a.m. PDT today, 24 hours before he is to be put to death.
McVeigh attorney Chris Tritico said he expected the move would
happen by the end of Saturday.

McVeigh's attorneys had wanted more time to review the nearly
4,500 pages of belatedly released FBI documents that caused the
bomber's original May 16 execution date to be delayed. But their
request for a stay was turned down last week by U.S. District Judge
Richard Matsch in Denver and the 10th Circuit Court of Appeals.

Tritico said McVeigh gave up on seeking a stay because he was
convinced the Supreme Court wouldn't grant it after the two lower
courts turned him down.

"I don't view that as 'I want to die,' " Tritico said outside
the federal prison. "I view that as a realization that 'I'm going
nowhere with this process, so let's stop doing it.' "

McVeigh, 33, is scheduled to die by chemical injection at 5 a.m.
PDT Monday, the first person to be put to death by the federal
government since 1963.

A friend who traveled to Terre Haute at McVeigh's request said
Saturday that McVeigh would have chosen a different target had he
known a day-care center was in the Alfred P. Murrah Federal
Building.

McVeigh, a Gulf War veteran, had called the children "collateral
damage" in a book about the bombing written by the two Buffalo News
reporters who received the recent letters.

"I do believe he has remorse about the innocent people and
particularly the children that died in the bombing," said Bob
Papovich, who lives about three miles from convicted bombing
conspirator Terry Nichols' farm in Michigan, where McVeigh lived at
one time.

"Had he known there was a day-care center, contrary to what has
been reported, he would have chose another target, there's no doubt
in my mind," Papovich said.

Tritico said McVeigh has not asked to have a spiritual adviser,
but a priest at a Catholic church near the prison said the
convicted bomber has asked that a passage be read for him during a
service this evening.

Father Ron Ashmore would not say what the passage is, but he
said the service would be broadcast on local radio and that he
hoped McVeigh would listen. Prison officials said McVeigh would not
have access to a radio by that time, however.

During the service, a piece written by a Los Angeles composer
will be played. It is a 12-minute musical "prequiem" the composer
hopes will escort McVeigh's soul to heaven.

Papovich said McVeigh will be ready when the execution process
begins.

"Tim has no fear whatsoever," said Papovich, who has
corresponded with McVeigh by mail and over the phone since he has
been in prison. "He's been prepared for this for sometime. He's
very businesslike."

Tritico spoke of his client, whom he described as a friend, in
ways that contrast sharply with the image America has come to
know.

"When I first went to the prison to meet him, I expected to meet
this seething government-hater who couldn't talk about anything but
the government," the lawyer recalled.

"What I met was this young man who was friendly, easy to get
along with, and extremely intelligent and easy to work with."

McVeigh had selected five people to view his execution -- Lou
Michel, one of the Buffalo News reporters; defense attorneys Rob
Nigh and Nathan Chambers; Cate McCauley, a former defense team
member; and novelist Gore Vidal. However, on Friday, Vidal
announced he could not attend. Prison officials said Saturday that
McVeigh would not be permitted to choose a replacement, since his
list had to be submitted 30 days before the execution.